Terms and Conditions
1. Agreement Completion
The agreement below must be completed and signed by the homeowner.
2. Proposal Acceptance
By signing, the homeowner accepts all terms outlined in the proposal.
3. Inclusions
Any items not explicitly stated in the proposal are not included in the scope of work.
4. Additional Charges for Rework
If DMG Landscaping Inc. must redo, take up, or replace any items post-installation due to homeowner-initiated changes (e.g., changing rock type after installation), additional fees may apply, unless the error was on DMG Landscaping Inc.'s part.
5. Jobsite Organization
DMG Landscaping Inc. will strive to keep tools, equipment, and materials organized on-site, with daily clean-ups to maintain a presentable work environment.
6. Estimated Completion Dates
The estimated end date is subject to change based on weather conditions, productivity, and material availability.
7. Homeowner Maintenance Responsibilities
Following installation, the homeowner is responsible for maintaining all living items (trees, shrubs, grass, etc.) and any hardscaping maintenance.
8. On-Site Facilities
A portable toilet may be provided on-site for the DMG Landscaping Inc. crew, subject to homeowner-approved placement.
9. Change Orders
Any changes to the contract must be documented in writing and will require a new quote for approval. Payment for change orders is due immediately upon request.
10. Permit and Approval Costs
The homeowner is responsible for all permit fees, city costs, and HOA design approval costs.
11. Cancellation Policy
Deposits are non-refundable after the three-day cooling-off period. No refunds will be issued for ordered materials.
12. Legal Fees
In the event of a legal dispute, the prevailing party shall be entitled to recover legal fees.
13. Non-Refundable Deposit
The deposit is non-refundable unless the contract is canceled or delayed by DMG Landscaping Inc.
14. Concrete Warranty
Concrete installations, including exposed aggregate concrete, are explicitly not warranted against cracking, chipping, discoloration, or variations in the height of the aggregate. The color of the concrete cannot be guaranteed when using more than one truckload, and this also includes any effects resulting from environmental factors. The homeowner assumes all risks associated with these conditions.
15. Delays by Third Parties
Additional charges may be incurred if delays or issues arise from other contractors or individuals interfering with the workflow.
16. Soil Testing
If soil testing necessitates changes, these will be considered outside the contract, and the homeowner will incur additional fees.
17. Debris Responsibility
DMG Landscaping Inc. will clean up its work area and remove any debris or trash generated during the project. However, DMG Landscaping Inc. is not responsible for debris or trash left by other contractors.
18. Existing Irrigation Systems
DMG Landscaping Inc. is not liable for any existing irrigation systems on the property.
19. Engineering Liability
DMG Landscaping Inc. shall not be held liable for any engineering failures, except in cases where such failures are directly attributable to improper installation by DMG Landscaping Inc. Any claims of liability must be substantiated by clear evidence of negligence in our workmanship.
20. Safety Notice
Construction sites are inherently hazardous. Enter at your own risk and exercise caution around all materials and equipment.
21. Professional Standards
All work will be conducted professionally and in compliance with uniform residential codes.
22. Working Hours
Normal working hours are from 7 AM to 5 PM, Monday through Thursday. Occasionally, DMG Landscaping Inc. may work on Fridays, with hours varying based on project needs.
23. Final Walkthrough
A final walkthrough will confirm that all aspects of the contract have been completed satisfactorily.
24. Vegetation Maintenance
DMG Landscaping Inc. does not provide landscape maintenance services and does not refer other companies for the maintenance and fertilization of any vegetation. Homeowners are responsible for engaging professional services as needed.
25. Change Order Fees
Any change orders exceeding $3,000 will incur an additional fee of $500, along with costs for new materials and labor. Furthermore, any change orders made during construction that result in work stoppages will incur a charge of $60 per hour per person for any downtime experienced by workers on the job site.
26. Existing Concrete
DMG Landscaping Inc. shall not be liable for any damages to existing concrete surfaces that occur during the project. While reasonable care will be taken to clean up the work area afterward, the responsibility for any damage remains with the homeowner.
27. Existing Asphalt
DMG Landscaping Inc. shall not be liable for any damages to existing asphalt surfaces that occur during the project. While reasonable care will be taken to clean up the work area afterward, the responsibility for any damage remains with the homeowner.
28. Existing DG
DMG Landscaping Inc. shall not be liable for any damages to existing decomposed granite (DG) surfaces that occur during the project. Due to the nature of DG, cracking may occur. While reasonable care will be taken to clean up the work area afterward, the responsibility for any damage remains with the homeowner.
Materials
1. Material Deliveries
Materials will be delivered at various times throughout the project, often from third-party vendors. DMG Landscaping Inc. will manage these deliveries to minimize disruption; however, deliveries may occur outside of DMG's normal work hours.
2. Additional Material Charges
If more materials are required than specified in the contract, re-measurements will be conducted, and the homeowner will be charged for any additional material.
3. Ownership of Excess Materials
All excess or unused materials remain the property of DMG Landscaping Inc. The homeowner pays only for the quantities specified in the contract.
4. Return Fees
Restocking fees and labor costs will apply for any materials returned at the homeowner’s request, except for those returned by DMG Landscaping Inc. after project completion.
Warranties
1. Weed Responsibility
DMG Landscaping Inc. is not responsible for weed growth post-installation; weed barrier fabric does not guarantee prevention.
2. Wood Rotting
DMG Landscaping Inc. is not liable for rotting wood after installation.
3. Concrete Limitations
DMG Landscaping Inc. does not warranty poured concrete against cracking, chipping, or discoloration due to settling or other factors beyond our control.
4. Paver Warranty
A limited 3-year warranty covers settling, cracking, and manufacturing defects specifically in the pavers. This warranty does not extend to the soil or materials between the pavers, nor does it cover damage from natural causes or homeowner interference.
5. Retaining Wall Warranty
A 3-year warranty on retaining walls covers settling, cracking, and manufacturing defects, contingent upon proper drainage installation. Homeowners are responsible for maintaining drainage areas. The drainage systems installed by DMG Landscaping Inc. are designed to assist with water flow, but they will not resolve issues without regular maintenance.
6. Additional Materials
Additional rock or mulch is not covered under warranty and will incur charges.
7. Irrigation Warranty
Irrigation systems come with a limited 1-year warranty covering manufacturing or installation failures only for work performed under contract. This warranty excludes third-party damage, freezing issues, and any irrigation work completed on an hourly rate basis, which is not warranted.
8. Warranty Activation
Warranties are valid only after final payment is received.
9. Efflorescence
DMG Landscaping Inc. does not cover efflorescence in warranties.
10. Plant Warranty
Plants are not warrantied unless specified in the contract.
Payments
1. Price Validity
Contract prices are valid for 15 days from the date sent. After this period, a reevaluation is required.
2. Late Payment Fees
A fee of $200 per day will be charged for final payments not received within seven days of project completion.
3. Payment Methods
Payments can be made via cash, check, ACH transfer, or credit card. Please note that a 3% processing fee will be added to the total amount due for credit card transactions.
4. Payment Terms
Final payment is due upon completion of the original contract, excluding warranty work or change orders.
5. Progress Payments
Progress payments are required at specified points during the project and will be based on the work completed. These payment dates will be discussed before and during the project, and may change depending on the progress of the work. Payments indicate the homeowner's satisfaction with the ongoing work.
Unforeseen Items
1. Change Orders for Unforeseen Work
Unforeseen items requiring additional work will necessitate a change order, which must be documented in writing and approved by the homeowner. A new quote will be provided for the additional work, and payment for the change order will be due immediately upon approval.
2. Utility Marking
DMG Landscaping Inc. will mark utilities prior to the commencement of work. Homeowners are strictly prohibited from disturbing these markings. Any damage caused by interference with marked utilities will be the sole responsibility of the homeowner.
3. Utility Damage
DMG Landscaping Inc. is not liable for damages to utility lines due to inaccurate markings. Additionally, any utilities not marked by the homeowner are not the responsibility of DMG Landscaping Inc. if damaged during work.
4. Additional Work Due to Unknown Objects
Any unknown obstacles or conditions encountered during the project will be treated as additional work and billed accordingly. Labor for this additional work will be charged at a rate of $60 per person per hour. Additionally, the cost of materials used for this work will be charged at the prevailing market rate. DMG Landscaping Inc. shall not be liable for any delays or issues arising from these unforeseen circumstances.
5. Natural Damage
DMG Landscaping Inc. is not liable for damages caused by natural occurrences beyond our control.
6. Settling Risks
There is no guarantee that materials won’t settle over time during back-filling or demo.
7. Utility Marking Responsibility
Homeowners must mark all non-public utilities before work starts and assume responsibility for any damages.
8. Property Line Responsibility
Homeowners must mark property lines before work begins, as DMG Landscaping Inc. is not liable for errors.
9. Concrete Specifications
The agreed price for concrete assumes standard thickness of 4-6 inches with rebar spaced no closer than 16 inches and no greater diameter than ½ inch. There must be an allowance for 1-2 inches of spacing to accommodate variations in the installation process.